H.R.21 - Born-Alive Abortion Survivors Protection Act (119th Congress)
Summary
H.R.21, the Born-Alive Abortion Survivors Protection Act, seeks to amend Title 18 of the United States Code to ensure that infants born alive after an abortion or attempted abortion receive the same medical care as any other newborn. The bill mandates that healthcare practitioners exercise professional skill, care, and diligence to preserve the life and health of such infants, and ensure their immediate transport to a hospital. It also establishes penalties for violations, including fines and imprisonment, and provides civil remedies for women upon whom an abortion was performed if a child is born alive and the requirements are not met.
Expected Effects
The bill, if enacted, would likely increase legal protections for infants born alive after attempted abortions. It would impose new requirements on healthcare practitioners and facilities, potentially leading to increased scrutiny and legal action in cases where these requirements are perceived to be unmet. The bill may also influence the ongoing debate surrounding abortion rights and the legal status of unborn or newly born infants.
Potential Benefits
- Protection of Infants: Ensures medical care for infants born alive after attempted abortions.
- Legal Recourse: Provides civil remedies for women if the required care is not provided.
- Clarity of Standards: Establishes clear standards of care for healthcare practitioners in such situations.
- Deterrence: Penalties may deter neglect or harm to infants born alive.
- Reinforces Personhood: Affirms the legal personhood of infants born alive.
Potential Disadvantages
- Potential for Vague Interpretation: The definition of 'born alive' and 'appropriate care' could lead to legal challenges.
- Impact on Abortion Access: May create additional barriers to abortion services, particularly in later stages of pregnancy.
- Healthcare Provider Burden: Could place additional burdens and potential legal risks on healthcare providers.
- Emotional Distress: May cause further emotional distress for women undergoing abortions or experiencing complications.
- Federal Overreach: Some may argue that this infringes on states' rights to regulate healthcare.
Most Disadvantaged Areas:
Constitutional Alignment
The bill cites Section 5 of the 14th Amendment (equal protection) and Article I, Section 8 (necessary and proper clause, including regulation of commerce) as constitutional authority. Arguments for alignment would focus on the government's interest in protecting human life and ensuring equal protection under the law for all persons, including those born alive during abortion procedures.
Arguments against alignment might assert that the bill infringes upon a woman's right to privacy and bodily autonomy, potentially conflicting with interpretations of the 9th and 14th Amendments. Additionally, some may argue that the regulation of medical procedures is primarily a state matter, and the federal government's intervention exceeds its constitutional authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).